Liverpool Council has initiated legal action against the State of NSW, the Minister for Local Government, Ron Hoenig and three other individuals after the Council last week became the subject of a public inquiry announced by the Minister.
The Council was given seven days to respond to the findings of an interim report which found alleged instances of corruption and/or potential maladministration and that also flagged the Council’s suspension.
At an extraordinary Council meeting this week, Mayor Ned Mannoun put forward a motion to take legal proceedings to prevent or restrain the Minister from proceeding with the public inquiry, postponing the election and suspending the council.
Four councillors joined with the Mayor to voted in favour of the motion, with three other councillors voting against it.
“Today at 1600 hours, the Council will come before Mr John Robson of the Land and Environment Court, to seek a halt on all actions against it until the substantive court case, listed to be heard by the Land and Environment Court from 6 September, has been fully heard,” the Council said in a statement.
In its action in the Land and Environment Court, the Council is seeking:
- A declaration that the Deputy Secretary of the Office of Local Government, Brett Whitworth, had no power to make an interim report before the conclusion of his investigation into the Council;
- A declaration that, in reporting adversely about Liverpool Council and individuals in the interim report, Mr Whitworth failed to observe the requirements of procedural fairness and exhibited actual or apprehended bias;
- A declaration that, in publishing the interim report, the Minister for Local Government, Ron Hoenig, Mr Whitworth and Kiersten Fishburn, the Secretary of the Department of Planning, Housing and Infrastructure exhibited actual bias or apprehended bias;
- An order setting aside the interim report;
- An order disqualifying the Minister Hoenig, Mr Whitworth and Ms Fishburn from taking any further steps in reporting on the results of the investigation;
- An order setting aside Minister Hoenig’s decision to appoint Mr Ross Glover as Commissioner to hold a public inquiry into Liverpool Council.
The Council is also seeking orders that: “the intention to suspend the council not proceed, the election of Council be allowed to proceed, and that the Interim Report into Liverpool Council be expunged from the public record”.
The Court document states that, “in publishing the interim report and relying upon it for decision-making, Minister Hoenig acted with partiality and exhibited actual or apprehended bias and is disqualified from exercising his powers to appoint the public inquiry, postpone the election and suspend the Council”.
Meanwhile, the Council’s deadline to respond to the Interim Report has been extended by the Office of Local Government to 5pm next Wednesday, 31 July.
